HomeMy WebLinkAboutR-02713RESOLUTION N'Os 2713.-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMMNT, FOR AND ON BEHALF OP THE
CITY OF MIAMI, WITH THE CORAL GABLES RAPID TRAM,.
SIT CORPORATION INDEMNIFYING AND HORDING HARM.'
LESS THE .SAID CITY OF MI,AMI FROM ANY LOSS OR
INJURYDUE TO OR CAUSED BY THE OPERATION OF
THE CORAL GABLES STREET CARS BOTH WITHIN AND
WITHOUT THE CITY LIMITS: AND AUTHORIZING THE
APPROVAL OF THAT CERTAIN CONTRACT OF EMPLOY"'
2INT BETWEEN THE CORAL GABLES RAPID TRANSIT
CORPORATION AND THE MIAMI BEACH RAILWAY COMPANY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAVI:
Section 1. That the City Manager be, and he is hereby, author-
ized and directed to enter into and execute that certain agreement
by and between the Coral Gables Rapid Transit Corporation and the
City of Miami by the terms whereof the City of Miami is billy and
completely indemnified from all Use, cost, damage or expense of
any kind caused by or arising out of the operation and maintenance
of the electric street railway of the Coral Gables Rapid Transit
Corporation as yell as the operation of said street railway upon
and over the tracks owned by the City of Miaini, said agreement to
be in the following form, to -wit:
This agreement entered into this day of ray,
A.D. 1926 by and between the CORAL GA]:►i', RAPID TRANSIT
COR?CIATIO_T, a Florida Corporation, (hereinafter called
the Coral Gables Corporation), party of the first part,
and THE CITY OF =.?IA?.:I, a municipal corporation of the
State of Florida, party of the second part,
'.R E1U AS, the coral -ales Corporation has con-
structed and own an electric street railway, consist-
ing of tracks, trolley wires, cars and all other necessary
appurtemTnces, froi:l Ylagler Street southerly along South
:iami l,vc nue to Southwest Thirteenth Street; thence tvest-
,; '0_ on Southwest Thirteenth :street to South Fifteenth
:ioaci; thence crossing South. ?iftec.itn .covea aia;vonally and
in a .:eat rl:r air€ ctio'i to Southwest TThira .:venue; thence
coutlr:!ctitrl L1ont' ,outhvest `._h ra __venue t0 Louthwest
22:1a Street (``also :_flo•::n as Core..',:ay); the_ cc est on
.,c h`::est 22i4. Street or toral ';;ay to the ,:Zu,linistration
sr tluteC. at coral r :L s , ? '
�_ . �_ � � G �.1 'C� 15 �:e i2'OL.s ccr
sec._riII the services of the iaui Teach hallway Cot:pLny,
lor_a 'G_ .o atio:i, to operate sr.ia street rail,;.ay in
CITY COMMISSION�oi,..ect. on .._t the �.. � ;r :: ic:-1 it 1_oti': operates u
H� 4 flNG OF ;1AS ,'he :._i 1, 1 ,r Con.palyiE operat-
i. 1. 1.er _.__1 L.-ree:.ent '::ith the '�it:' of _.i::.?111, "'10S'iC_...,
MAY! i a/� v s t `. � r j _ T r C l' of
T ��77 'li�' electric ��r .et il-, u;,r � � ,:e,.. o � � uz,1rt_ its
j)2 7/�� . : 10 1 ., 1 iS_�' 1 _ to �;i_.�� r 2 take or z.nd on
RESOtinitiNe..al:. of the Coal tL.11.e2 (:G: _•G_ v.ti021 the O:.;E;2o.ti0'_1 0
REmAeK.i. the i.'.:.1-1i;i y ofr 1 T l_ 1`� `: (' .` a -i 11 1 !" o
the : 0 u_ 0 G1 c. � G.., both 1-:,,]. ae
—" — the flit lira is am:_ outside ana. over the tracks a .'o;re
_:,4.1;;, the Coral crables Corporation is desirous
1' h!-2.ving the contrL.ct &nc_ between the Coral C'z.bles
nOCW,Pi`_iiT ,�I�'�� o _.o wt� th.::i . i Bead::'Lailway Company, approved
,r the Cit. o'_' .__C i, Y10r:ida,;
NOW, THEREFORE, THIS AgREEIMT, WITrESSETH:
The Coral Gables Corporation agrees to fully an&
completely indemnify and hold harmlesS the City of Miami,
a municipal corporation, from all loSs, cost, damage and.
expense of any kind, whether to property, life or limb
cause& by or arising out of the operation or maintenance
of said railway line, upon and over its tracks herein -
above set forth and described, as well as over the lines
owned by the City of Miami, a municipal corporation, with-
in the City limits and at the cost and expense of the
Coral Gables Corporation, and without cost or expense to
the City of Miami, to defend all actions or suits of
any kind which may be institute& or brought against the
City of Miami by or on account of damages of any kind
arisinE out of ouch operation or maintenanoe, andto pay
off, discharge and satisfy any judgments, including the
cost and expense thereof, which may be had or recovered
against the City of Miimi, on account of any claim or
damage so arising, and.upon the payment of any such
judgment, cost or expense by the City of Miami, Florida,
the Coral Gables Corporation shall owe the City of Miami
the amount so paid and the same shall be immediately
due and payable by the Coral Gables Corporation to the
City of Miami. Provided, however, that the Coral Gables
Corporation shall not be responsible for any claim for
damage of any kind made against the City of Miami due to
or arising out of the operation or maintenance of said
railway line,unless the Coral Gables Corporation be
notified of the same by the City of Miami as soon as cir-
cumstances Permit and. Given the right to adjust, com-
promise or otherwise settle the same, and in case of
suit unless given the right to appear by its consel, either
alone or in conjunction with the counsel of the City of
Miami in defonse of said suit as said Coral Gables Corpora-
tion may elect. Coral '7ablec Cororation further agrees
to furnish to the City of Miami, prior to the time the
said rail,::ay line is laced in operation, a good and
sufficicnt surety bond in the anount of Fifty Thousand.
(50,000) Dollars, indemnifyin,,- said. City of Miami agrainst
all such loss, cost, damage and expense as hereinabove in
this paraGraph provided, and to renew or otherwise ob-
tain such surety boAd or bonds at such times and for
such periods as may be necessary to so indemnify said. City
of Miami.
IN '..IT:ESS '1:-EaBOF the parties iiereto have hereunto
caused this instrnent to be siGned by their duly author-
ized officers and their official sals to be hereunto
affixed the day and the year above written.
CORAL 7,1$.3-as TILLTSIT CORPORATION:
By:
Attebt: 13r_ s dent.
Secretary.
',:itnesses as to Coral r,labl_s
2ranbit Cororation:
City Clerl:.
*;:itnesses as to the Cit:f
0 01' 17LZ-Lr.7I,
Cify 7anar:Ler
f.,=7] rM,I;J)
COI': (72 DDI:
D,_*foe s.1A)soiber, L :otary ]?ublict duly author-
ized to ta;:e ac":lio,:aeaole%ts and ad)Aillistr oaths, personally
LeLr ed.
and
of the fJoral nalIe .1apia Cori)oration, viho beinc
by me Zifst fluly sworn, L..e.,:or;e and say that they executed
the :::ore,ijoi.:ic a„_re:_eht for 1,h, id.es. ant:. -1/url,oses therein
WITNESS my hand and official seal at Miami,
Florida, this & day o±. .. _, A.D. 1926.
!otary Public State or Florida
at Large. My Commission expires:
STATE OF FLORIDA)
COUNTY OF DADE )
Before the subscriber, a Notary public, duly au-
thorized to take acknowledgments and administer oaths,
personally appeared F. H. Wharton, as City Manager and
H. E. Ross, as City Clerk of the City of Miami, rho
being by me first duly sworn, depose and say that they
executed the foregoing agreement for the uses and pur-
poses therein expressed.
WITNESS my hand and official seal at Miami, Florida,
this day of , A.D. 1926.
Tlotary Public, State oi= T' .ori1a
at Large. My Commission expires:
Section 2. That the City of Miami hereby approves the contract
of employment by and between the Coral Gables Rapid Transit Corpora-
jsion and The Miami Beach Railway Company and the City Manager is
hereby authorize& and directed to execute the approval by the City
of I.:iami of said contract.
PASSED AND ADOTIED this 24th day of May, A. D. 1926.
Mayor